This site is a part of
Document 229035-2009-
Access document: http://ted.europa.eu/udl?uri=TED:NOTICE:229035-2009:TEXT:EN:HTML
18/08/2009
S157
European Communities – Works contracts – Restricted procedure
UK-Leicester: engineering works and construction works
2009/S 157-229035
CONTRACT NOTICE
Works
SECTION I: CONTRACTING AUTHORITY
I.1)
NAME, ADDRESSES AND CONTACT POINT(S):
Leicestershire County Council on behalf of the Midlands Highway Alliance, County Hall, Leicester Road, Glenfield, Contact: Department of Highways, Transportation & Waste Management, Attn: Chris Waterfield, UK-Leicester LE3 8RJ. Tel. +44 1163057167. E-mail: msf1@leics.gov.uk. Fax +44 1163057135.
Internet address(es):
General address of the contracting authority: www.leics.gov.uk.
Further information can be obtained at: As in above-mentioned contact point(s).
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: As in above-mentioned contact point(s).
Tenders or requests to participate must be sent to: As in above-mentioned contact point(s).
I.2)
TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
Regional or local authority.
General public services.
The contracting authority is purchasing on behalf of other contracting authorities: yes.
General public services.
The contracting authority is purchasing on behalf of other contracting authorities: yes.
SECTION II: OBJECT OF THE CONTRACT
II.1)
DESCRIPTION
Midlands Highway Alliance Medium Schemes Framework 1 (MSF1).
II.1.2)
Type of contract and location of works, place of delivery or of performance:
Works.
Design and execution.
Main site or location of works: Works will be undertaken within the administrative boundaries of the existing Midlands Highway Alliance (MHA) members (on behalf of the local authorities concerned, the Highways Agency or any other publicly funded body working in conjunction with the MHA members) or other such bodies located within or adjacent to the geographical Midlands area that become members of the MHA during the currency of this Framework Agreement.
For clarity, the existing local authority members are: Leicestershire County Council; Derby City Council; Derbyshire County Council; Leicester City Council; Lincolnshire County Council; Northamptonshire County Council; Nottingham City Council; Nottinghamshire County Council; Peterborough City Council; Rutland County Council; South Derbyshire District Council and Staffordshire County Council.
The following local authorities are currently discussing joining the MHA, and works may therefore be required in their areas during the Framework Agreement period: Milton Keynes Council, Newcastle-under-Lyme Borough Council, Solihull Metropolitan Borough Council, Stoke-on-Trent City Council, and Telford & Wrekin Council.
Works for the Highways Agency shall fall within its Managing Agents Contract Area 7 and adjoining Managing Agents Contract Areas.
Design and execution.
Main site or location of works: Works will be undertaken within the administrative boundaries of the existing Midlands Highway Alliance (MHA) members (on behalf of the local authorities concerned, the Highways Agency or any other publicly funded body working in conjunction with the MHA members) or other such bodies located within or adjacent to the geographical Midlands area that become members of the MHA during the currency of this Framework Agreement.
For clarity, the existing local authority members are: Leicestershire County Council; Derby City Council; Derbyshire County Council; Leicester City Council; Lincolnshire County Council; Northamptonshire County Council; Nottingham City Council; Nottinghamshire County Council; Peterborough City Council; Rutland County Council; South Derbyshire District Council and Staffordshire County Council.
The following local authorities are currently discussing joining the MHA, and works may therefore be required in their areas during the Framework Agreement period: Milton Keynes Council, Newcastle-under-Lyme Borough Council, Solihull Metropolitan Borough Council, Stoke-on-Trent City Council, and Telford & Wrekin Council.
Works for the Highways Agency shall fall within its Managing Agents Contract Area 7 and adjoining Managing Agents Contract Areas.
NUTS code: UK .
II.1.3)
The notice involves:
The establishment of a framework agreement.
II.1.4)
Information on framework agreement:
Framework agreement with several operators.
Maximum number of participants to the framework agreement envisaged: 4.
Duration of the framework agreement: Duration in year(s): 4.
Estimated total value of purchases for the entire duration of the framework agreement:
Estimated value excluding VAT:
Range: between 125 000 000 and 300 000 000 GBP.
Maximum number of participants to the framework agreement envisaged: 4.
Duration of the framework agreement: Duration in year(s): 4.
Estimated total value of purchases for the entire duration of the framework agreement:
Estimated value excluding VAT:
Range: between 125 000 000 and 300 000 000 GBP.
II.1.5)
Short description of the contract or purchase(s):
The scope of the Midlands Highway Alliance Medium Schemes Framework 1 (MSF1), hereinafter referred to as the Framework Agreement, is for the execution of highway, civil and municipal engineering. Typical schemes may involve, but not exclusively, highway improvements, highway infrastructure works (including bridges, subways, culverts and retaining walls), public realm works (town centre enhancements), drainage improvements, canal works and other infrastructure works such as waste management facilities. Individual project values will includes all values up to GBP 12 000 000.
II.1.6)
Common procurement vocabulary (CPV):
45220000, 45230000, 45110000, 45240000, 45316000, 50230000.
II.1.7)
Contract covered by the Government Procurement Agreement (GPA):
Yes.
II.1.8)
Division into lots:
No.
II.1.9)
Variants will be accepted:
No.
II.2)
QUANTITY OR SCOPE OF THE CONTRACT
II.2.1)
Total quantity or scope:
The values given in this Notice are estimates and, given the Framework Agreement basis of this procurement no value can be guaranteed - the actual value may be more or less than the ranges given in this notice. The minimum value given is based on known/expected works required by MHA members during the term of the Framework Agreement, adjusted to reflect the probability of these works occurring (given the current economic climate etc.). The upper limit allows for all of these works to be undertaken as well as an uplift of 33 % to allow for additional jobs unknown at this time including those of any new members to the MHA during the Framework Agreement period.
Estimated value excluding VAT:
Range: between 125 000 000,00 and 300 000 000,00 GBP.
Estimated value excluding VAT:
Range: between 125 000 000,00 and 300 000 000,00 GBP.
II.2.2)
Options:
Yes.
Description of these options: The Framework Agreement will last for an initial period of three years, with an option to extend for a period totalling no more than a further 12 months.
Description of these options: The Framework Agreement will last for an initial period of three years, with an option to extend for a period totalling no more than a further 12 months.
II.3)
DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Starting: 1.4.2010. Completion: 31.3.2014.
SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION
III.1)
CONDITIONS RELATING TO THE CONTRACT
III.1.2)
Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:
Payments may be made following acceptance by the banking agents of the Contracting Authority.
III.1.3)
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
(i) For Unincorporated Joint Ventures it will be necessary for each member of the group to sign an undertaking that they will be jointly and severally bound for the due performance of the Framework Agreement.
(ii) For Single Legal Entities/Incorporated Joint Ventures submitting an acceptable offer, the consortium must provide a corporate statement of intent to form itself into a single legal entity before any Framework Agreement can be awarded.
Companies must state in their expression of interest to this Notice whether it is an Incorporated Joint Venture (stating the date of Incorporation) or an Unincorporated Joint Venture (Joint and Several Liability). In the case of an Unincorporated Joint Venture (Joint and Several Liability) the applicant must also confirm the names of all the contracting entities with the Contracting Authority should they be selected to tender.
(ii) For Single Legal Entities/Incorporated Joint Ventures submitting an acceptable offer, the consortium must provide a corporate statement of intent to form itself into a single legal entity before any Framework Agreement can be awarded.
Companies must state in their expression of interest to this Notice whether it is an Incorporated Joint Venture (stating the date of Incorporation) or an Unincorporated Joint Venture (Joint and Several Liability). In the case of an Unincorporated Joint Venture (Joint and Several Liability) the applicant must also confirm the names of all the contracting entities with the Contracting Authority should they be selected to tender.
III.1.4)
Other particular conditions to which the performance of the contract is subject:
Yes.
Any PQQ or tender may be rejected from a company/organisation who, inter alia:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) has been convicted by a judgement which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the Contracting Authority can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the Contracting Authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the Contracting Authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1997 and Article 3(1) of Council Joint Action 98/742/JHA respectively;
(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.
Any PQQ or tender may be rejected from a company/organisation who, inter alia:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) has been convicted by a judgement which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the Contracting Authority can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the Contracting Authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the Contracting Authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1997 and Article 3(1) of Council Joint Action 98/742/JHA respectively;
(j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.
Please refer to Regulation 23 of the Public Procurement Regulations 2006 (SI No 5) for additional rejection criteria (see link) http://www.opsi.gov.uk/si/si2006/20060005.htm.
Under this Framework Agreement, the contractors and their supply chain will be required to actively participate in the achievement of social objectives related to participation in skills development, employment and training programmes within the locality of the Framework Agreement in accordance with the Contracting Authority’s employment and skills strategy and other added value contributions by the contractors and their supply chain in order to support community programmes promoted by the MHA members. Accordingly the Framework Agreement performance conditions may relate in particular to secondary considerations.
III.2)
CONDITIONS FOR PARTICIPATION
III.2.1)
Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers:
Information and formalities necessary for evaluating if requirements are met: Please see III.1.4 above.
III.2.2)
Economic and financial capacity:
Information and formalities necessary for evaluating if requirements are met: Please refer to the Pre-Qualification Questionnaire (PQQ).
Minimum level(s) of standards possibly required: Please refer to the Pre-Qualification Questionnaire (PQQ).
Minimum level(s) of standards possibly required: Please refer to the Pre-Qualification Questionnaire (PQQ).
III.2.3)
Technical capacity:
Information and formalities necessary for evaluating if requirements are met:
Please refer to the Pre-Qualification Questionnaire (PQQ).
Minimum level(s) of standards possibly required:
Please refer to the Pre-Qualification Questionnaire (PQQ).
Please refer to the Pre-Qualification Questionnaire (PQQ).
Minimum level(s) of standards possibly required:
Please refer to the Pre-Qualification Questionnaire (PQQ).
III.2.4)
Reserved contracts:
No.
III.3)
CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1)
Execution of the service is reserved to a particular profession:
III.3.2)
Legal entities should indicate the names and professional qualifications of the staff responsible for the execution of the service:
SECTION IV: PROCEDURE
IV.1)
TYPE OF PROCEDURE
IV.1.2)
Limitations on the number of operators who will be invited to tender or to participate:
Envisaged minimum number: 7.
Objective criteria for choosing the limited number of candidates: Organisational Commercial (inc. Legal and Contractual) Information: Pass/Fail.
Financial Information: Pass/Fail.
Policies & Contract Performance: Pass/Fail.
Technical Capabilities and References: 100 %.
For further details, please refer to the PQQ.
Following assessment of the PQQ, a minimum of 7 and probably no more than 9 companies, selected as the highest scoring respondents based on the scoring regime and evaluation criteria set out in this Notice and in the PQQ, and who indicate that they intend to submit a tender will be invited to tender.
Objective criteria for choosing the limited number of candidates: Organisational Commercial (inc. Legal and Contractual) Information: Pass/Fail.
Financial Information: Pass/Fail.
Policies & Contract Performance: Pass/Fail.
Technical Capabilities and References: 100 %.
For further details, please refer to the PQQ.
Following assessment of the PQQ, a minimum of 7 and probably no more than 9 companies, selected as the highest scoring respondents based on the scoring regime and evaluation criteria set out in this Notice and in the PQQ, and who indicate that they intend to submit a tender will be invited to tender.
IV.1.3)
Reduction of the number of operators during the negotiation or dialogue:
IV.2)
AWARD CRITERIA
IV.2.1)
Award criteria:
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document.
IV.2.2)
An electronic auction will be used:
No.
IV.3)
ADMINISTRATIVE INFORMATION
IV.3.1)
File reference number attributed by the contracting authority:
MSF1.
IV.3.2)
Previous publication(s) concerning the same contract:
No.
IV.3.3)
Conditions for obtaining specifications and additional documents or descriptive document:
Payable documents: no.
IV.3.4)
Time-limit for receipt of tenders or requests to participate:
23.9.2009 - 12:00.
IV.3.5)
Date of dispatch of invitations to tender or to participate to selected candidates:
19.10.2009.
IV.3.6)
Language(s) in which tenders or requests to participate may be drawn up:
English.
IV.3.7)
Minimum time frame during which the tenderer must maintain the tender:
IV.3.8)
Conditions for opening tenders:
SECTION VI: COMPLEMENTARY INFORMATION
VI.1)
THIS IS A RECURRENT PROCUREMENT:
VI.3)
ADDITIONAL INFORMATION:
This Framework Agreement will be principally an execution Framework Agreement but may have some small elements of design support for specialist areas of contractors' works such as temporary support etc. With this limitation, it is referenced as a Design & Execution Notice.
The Framework Agreement will be subject to a performance management process whereby the contractors' ongoing performance will be assessed to establish any extensions of time and gain incentive calculations.
The Framework Agreement will be subject to a performance management process whereby the contractors' ongoing performance will be assessed to establish any extensions of time and gain incentive calculations.
VI.4)
PROCEDURES FOR APPEAL
VI.4.1)
Body responsible for appeal procedures:
High Court, Royal Courts of Justice, Strand, UK-London WC2A 2LL. URL: www.hmcourts-service.gov.uk.
VI.4.2)
Lodging of appeals:
Precise information on deadline(s) for lodging appeals: In accordance with Regulation 32 (Information about Contract Award Procedures) and Regulation 47 (Enforcement of Obligations) of the Public Contract Regulations 2006.
The Contracting Authority will incorporate a minimum ten calendar day standstill period at the point when information on the award of the Framework Agreement is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the Contracting Authority before the Framework Agreement is entered into. Applicants have two working days from the notification of the award decision to request additional debriefing. Such information has to be provided a minimum of three working days before the expiry of the standstill period.
If an appeal regarding the award of a Framework Agreement is not successfully resolved the Public Contracts Regulations 2006 (SI 2006 No 5) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly (generally within three months). Where a Framework Agreeement has not been entered into the Court may order the setting aside of the award decision or order the Contracting Authority to amend any document and may award damages. If the Framework Agreement has been entered into the Court may only award damages. The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside the award decision before the Framework Agreement is entered into.
The Contracting Authority will incorporate a minimum ten calendar day standstill period at the point when information on the award of the Framework Agreement is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the Contracting Authority before the Framework Agreement is entered into. Applicants have two working days from the notification of the award decision to request additional debriefing. Such information has to be provided a minimum of three working days before the expiry of the standstill period.
If an appeal regarding the award of a Framework Agreement is not successfully resolved the Public Contracts Regulations 2006 (SI 2006 No 5) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly (generally within three months). Where a Framework Agreeement has not been entered into the Court may order the setting aside of the award decision or order the Contracting Authority to amend any document and may award damages. If the Framework Agreement has been entered into the Court may only award damages. The purpose of the standstill period referred to above is to allow parties to apply to the Courts to set aside the award decision before the Framework Agreement is entered into.
VI.4.3)
Service from which information about the lodging of appeals may be obtained:
VI.5)
DATE OF DISPATCH OF THIS NOTICE:
17.8.2009.
